The Osun State Governorship Election Petition Tribunal has granted Governor Adegboyega Oyetola and the All Progressives Congress, APC, a request to summon the state Resident Electoral Commissioner of the Independent National Electoral Commission, INEC, to testify before the panel.
On the grounds of electoral manipulation, Governor Oyetola and the APC challenged the victory of Senator Ademola Adeleke of the Peoples Democratic Party, PDP, who was declared winner of the July 16 governorship election in the state.
At the resumed hearing of the tribunal, yesterday, counsel to the petitioners, Dr Abiodun Saka Layoonu, SAN, informed the court that the petitioners have filed a Subpoena dated November 3, 2022, compelling the REC to appear before the court. The electoral officer is to present Adeleke’s Form CF 001, which is the nomination form and all its attachments, including the certificates used in the 2018 election.
He indicated that since the bailiff was yet to serve REC with the Subpoena, even after being signed, he would be compelled to ask for adjournment till Monday, 21 November.
Counsel for the INEC, Paul Ananaba, SAN, objected to the application for adjournment, saying it was a clear evidence that the petitioners were not prepared for diligent prosecution of the petition, citing paragraph 18(11) of the Electoral Act.
While also arguing that the REC being subpoenaed to bring the said documents was never mentioned in the petition, Ananaba added that by planning to call REC as a witness without informing the tribunal earlier, the petitioners had violated paragraph 3 of the tribunal’s pre-hearing report.
He noted that the said paragraph 3 indicated that the tribunal must be furnished with list of witnesses to be called 24 hours to the hearing day.
Counsel for Adeleke, Mr. Niyi Owolade, and that of the PDP, Nathaniel Oke, SAN, aligned with Ananaba’s arguments and prayed that the tribunal should dismiss the petition.
Responding, Oyetola’s counsel, Layoonu, SAN, described the respondents’ arguments as baseless, saying the question of not being diligent in the prosecution of the petition was just a blanket statement by them.
Layoonu also referred to paragraph 69(vi) of the petition where it was expressly stated that the documents in question would be relied on, adding that since the tribunal has not issued the subpoena it could not have been served on the respondents.
He then urged the tribunal to discountenance all the arguments of the respondents’ counsel.